Introduction
On 11th of April 2025, a landmark piece of legislation came into force, Law 42(I)/202, marking a significant step forward in protecting individuals in professional environments. This law incorporates the provisions of the C190 - Violence and Harassment Convention, 2019 (No. 190) and aims to adopt, safer, more inclusive workplaces across the country.
For years, workplace harassment, particularly sexual harassment, has been an issue met with hesitation and legal uncertainty. Victims have often been reluctant to take action, deterred by a lack of clear protections and mechanisms for redress. This was reflected also in the relatively low number of sexual harassment cases brought before Cyprus' courts, particularly in the employment context.
With the implementation of Law 42(I)/2025, Cyprus legal framework now explicitly recognises the right of every individual to work in an environment where harassment and violence are not only discouraged but strictly prohibited.
In this article, we will outline and explore key aspects of the Law 42(I)/2025 in order to help the individuals it applies to gain a clearer understanding and ensure compliance with its requirements.
What is defined as violence and harassment?
One of the most notable aspects of the Law 42(I)/2025 is its broad definition of violence and harassment in the workplace, which, among others, highlights the legislators' intention to provide strong and comprehensive protection to the employees.
It is noteworthy that Law 42(I)/2025 does not limit protection to repeated patterns or extreme cases. Instead, it recognises that even a single act, whether verbal, physical, psychological, sexual, or economic, can cause serious harm. Any behaviour, action, policy, or even threat that causes, or is likely to cause, harm in a professional context is now expressly prohibited under the law.
Harassment in this context is defined as any unwanted behaviour in the workplace and has as a purpose or result, the insult of a person's dignity and the creation of an intimidating, hostile, humiliating or aggressive environment.
These inclusive definitions reflect the reality of modern workplaces and acknowledges the many forms that unacceptable conduct can take.
Who is considered to be an employee?
While the establishment of a traditional employer-employee relationship typically serves as the foundation, and often a prerequisite, for the application of labour laws, it is noteworthy that the newly introduced Law 42(I)/2025 expands its protective scope beyond this conventional framework.
The law ensures that the form or mode of employment does not affect the level of protection. Whether working full-time or part-time, under fixed-term or open-ended contracts, all employees are afforded equal protection under the law. Notably, this protection also extends to employees engaged in telework or remote work arrangements. The physical presence of the employee in a traditional workplace setting is not a prerequisite for the law's protections to apply.
A crucial step in recognising the rights and vulnerabilities of all workers, not just those in formal employment arrangements, is the fact that the Law 42(I)/2025 extends coverage to people in vocational training and, notably, to individuals engaged in undeclared work, as defined by the Social Insurance legislation.
However, arguably, the most revolutionary aspect is that the protection under this law begins even before employment officially starts. If someone experiences harassment or violence during the hiring process or at the stage of job negotiations—even before a contract is signed—they are still protected. This early-stage safeguard sets a powerful precedent for how recruitment and hiring practices must evolve.
What is defined as workplace?
In today's dynamic and rapidly evolving work environment, the term "workplace" is no longer confined to the employer's physical premises. With the rise of telework and flexible working arrangements, the law recognizes that harassment can occur in diverse settings.
Consequently, workplace is defined as the location where work is performed, or is related to work and also includes:
- Public and private spaces surrounding the workplace.
- Areas where the employee is paid, rests, has meals, or uses health facilities, laundry, or changing rooms.
- Spaces where tours or travel take place or where vocational training, events, or social activities related to work occur.
- Communication related to work, including communication initiated through information and communication technologies.
- Accommodation provided by the employer.
- Travel to and from work.
Whom does this law apply to?
One of the most progressive aspects of Law 42(I)/2025, is its broad scope of applicability. This legislation, recognises that harmful behaviour in the workplace can originate from or affect a much wider circle of individuals. Therefore, this law applies to the following categories:
- To employees, with respect to activities related to their employment and behaviour in the workplace that constitutes violence or harassment according to the provisions of this Law.
- To employers, with respect to acts or behaviour that result from filing complaints, making reports, or rejecting acts of violence or harassment in the workplace.
- To third parties who have a customer or contractual relationship, or provide services in the workplace, or to the employer, or to members of the public visiting the workplace or the employer, in relation to acts or behaviour that constitute violence or harassment.
What obligations do employers have?
Under the Law 42(I)/2025, employers' responsibilities go far beyond simply shielding employees from acts of violence or harassment. These duties also extend to protecting individuals from retaliation related to reporting such behaviours — whether through formal complaints or actions aimed at deterring misconduct.
Mandatory workplace policy
Crucially, the Law 42(I)/2025 mandates that employers proactively safeguard their staff by implementing preventative measures. One of the most significant requirements is the creation of a comprehensive policy — developed in consultation with employees and their representatives — that clearly addresses all forms of workplace violence and harassment.
Employer's right to modify harasser's working conditions
Employers must also take every reasonable step to ensure inappropriate conduct is not only addressed swiftly but also prevented from recurring. In a landmark move, the legislation allows employers to adjust the role or working hours of the harasser as part of their response. Notably, this can be done without being considered a unilateral change to employment terms — meaning the harasser may not be able to claim constructive dismissal simply because their working conditions have changed as a result of disciplinary action.
Ensuring fairness and confidentiality in complaint investigations
When it comes to handling complaints, impartiality is key. Employers are expected to conduct investigations with complete neutrality, maintaining the confidentiality of all information gathered. This commitment ensures that the dignity and privacy of those raising concerns are fully respected. To support this, employers must have fair, safe, and effective mechanisms in place for investigating such claims.
Protection of employees filing a complaint
Importantly, the law provides strong protections for people coming forward. Dismissing an employee — or making any adverse changes to their working conditions — solely because they filed a complaint is strictly prohibited. These protections extend not just to the complainant, but also to anyone who supported them in making the report. Unless the employer can prove that any dismissal or changes are entirely unrelated to the complaint, such actions will be considered unlawful.
Employers' liability and the importance of workplace policy
Employers are generally held vicariously liable for acts or omissions committed by their employees in the course of their employment. However, employers who fail to implement a formal policy are deemed fully responsible for those acts. In essence, the absence of a policy significantly increases the employer's legal exposure and responsibility.
To comply with the law, every employer must draft a workplace policy that meets the minimum standards set out in Article 6(8) of Law 42(I)/2025, which include:
- The definition of the scope of application of this;
- The identification of punishable acts of violence and harassment in the workplace, any unwanted behaviour, and other related conduct;
- The description of behaviour that constitutes the objective and subjective elements of the punishable acts;
- The provision for the possibility of submitting complaints and reports, as well as the bodies and/or authorities to which they may be submitted in accordance with the provisions of this Law;
- The relevant obligations of employers and employees;
- The measures and procedures for addressing behaviour that constitute punishable acts under the provisions of this Law; and
- Anything else deemed necessary in order for the code to be effective and to fulfil the purpose for which it was drafted.
It is essential to note simply having a policy in place is not enough. Employers remain responsible for ensuring that all employees are actively informed about the law's provisions and their rights under it.
In addition, employers must appoint one or more designated employees to oversee the implementation of the policy. These individuals must receive appropriate training and be responsible for handling complaints and ensuring compliance with the established procedures.
Penalties
The new legislation comes with serious consequences for individuals and organisations found guilty of workplace violence or harassment.
Anyone who engages in behaviour that constitutes violence or harassment — and who knew or should have known that such conduct was unlawful — is committing a criminal offence. Upon conviction, the offender may face up to three years of imprisonment, a fine of up to €10,000, or both. Additionally, attempting to obstruct complaints or retaliate against complainants can lead to up to two years in prison, a €5,000 fine, or both.
Legal persons (such as companies or organisations) are not exempt from responsibility. A legal entity can be held liable if an offence is committed by an individual who represents the legal person, makes decisions on its behalf or exercises control within the organisation.
Moreover, even if the act was committed by a subordinate, the failure of proper oversight or control by someone in a position of authority may still trigger liability for the legal entity. If a legal entity is found guilty under the law, it may face a monetary penalty of up to €20,000.
Importantly, legal liability does not replace personal accountability. This means that individual perpetrators, instigators, or accomplices can still be criminally prosecuted, regardless of any action taken against the legal person.
Aside from the above-mentioned criminal sanctions, the legal entity may also face civil liability for the harm caused.
Judicial protection
Independently of any criminal action may brought, any individual who believes they have been affected by a violation of the provisions of this law has the right to bring a court case, even if the employment relationship in question has already ended and claim damages.
Importantly, the rights and remedies provided by this law are non-waivable. This means that no agreement — be it a policy, form, employment condition, or even an arbitration agreement made prior to the dispute — can limit or restrict an individual's right to pursue these legal protections.
Conclusion
This new legislation represents a significant step forward in protecting employees' rights and ensuring a safer, more respectful work environment. With the updated law, employers are not only vicariously liable for their employees' actions but are now also primarily liable if they fail to comply with the law's provisions.
A critical aspect of this compliance is the creation of a clear and comprehensive workplace policy addressing violence and harassment. Employers must have such a policy in place to fully meet the legal requirements and to proactively safeguard their employees. This policy is not just a legal obligation; it's an essential tool in fostering a work culture built on respect, accountability, and zero tolerance for harassment or violence.
Who may KINANIS LLC assist?
For employers, this means taking tangible steps to develop and implement a policy that covers all necessary provisions outlined by the law. Our law firm is fully equipped to assist with the preparation and customization of these policies, ensuring they are not only legally compliant but also practical and effective in your unique workplace environment.
By working together, we can help you navigate these changes and create a workplace where employees feel safe, valued, and protected. Ensuring compliance today will pay off with a healthier, more productive workplace tomorrow.
Disclaimer
This publication has been prepared as a general guide and for information purposes only. It is not a substitution for professional advice. One must not rely on it without receiving independent advice based on the particular facts of his/her own case. no responsibility can be accepted by the author or the publishers for any loss occasioned by acting or refraining from acting on the basis of this publication.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
